JUDGMENT:

S.B. Sinha, J.

1. Appellants herein were tried under Section 302 of the Indian Penal Code for committing murder of one Shrishail Shivappa Jagadale.

2. The occurrence took place at about 8.30 pm on 28.5.1994. A First Information Report was lodged by Nimbewwa, sister of the deceased Shrishail Shivappa Jagadale at about 10.00 am on 29.5.1994, inter alia, alleging that the appellants were inimically disposed of towards her brother and his family.

2.1. was furthermore alleged that on the fateful day, when she, her mother, Mannandevva, father Shivappa, younger brother Basappa, his wife, Gurubai, elder brothers wife Maadevi were sitting in front of their house and her elder brother (deceased Shreeshaila) was sitting on a katte (platform) below a Neem tree, the accused persons, who were 11 in number, forming an unlawful assembly armed with axe and Jambiya in their hands came there. Accused No.1, Ningondeppa Master, shouted, "see that he is sitting there on the platform, son pull that Shreeshaila", whereupon Accused No. 11, Malakaji, pulled him up from his feet and threw him on the ground. Accused No. 11, Malakaji who had been holding an axe then assaulted Shreeshaila on his head.